1. A collector that maintains a secure drug take-back bin for the collection and destruction of home-generated pharmaceutical waste shall: (a) Comply with all applicable state and federal laws and regulations relating to the collection of home-generated pharmaceutical waste for destruction in secure drug take-back bins; (b) Ensure that the secure drug take-back bin is placed in a location that is regularly monitored by employees of the collector; (c) Ensure that conspicuous signage is posted on the secure drug take-back bin that clearly notifies customers as to the substances that are and are not acceptable for deposit into the bin; (d) Ensure that public access to the secure drug take-back bin is limited to hours during which employees of the collector are present and able to monitor the operation of the secure drug take-back bin; (e) Regularly inspect the secure drug take-back bin and the area surrounding the secure drug take-back bin for potential tampering or diversion; (f) Maintain a record of inspections conducted pursuant to paragraph (e) that must: (1) Be documented in writing or electronically and may be combined with records required to be maintained by other state or federal laws or regulations; (2) Include the date and time of each inspection; and (3) Include the initials of the employee who conducted each inspection; (g) Retain each record maintained pursuant to paragraph (f) and any other record relating to the secure drug take-back bin required by state or federal laws or regulations for at least 2 years after the date of the event to which the record pertains; and (h) Notify at least one local law enforcement agency of any suspected or known tampering or theft or significant loss of controlled substances that occurs while the secure drug take-back bin is under the control of the collector not later than 1 business day after the date on which the tampering, theft or significant loss is suspected or discovered. 2. A collector shall not receive compensation from a customer of the collector to maintain a secure drug take-back bin or to perform any act required by subsection 1. 3. Any collector that maintains a secure drug take-back bin and complies with the provisions of subsections 1 and 2 is not subject to any: (a) Disciplinary action by the Board for any injury or harm that directly results from the collector maintaining a secure drug take-back bin on its premises, unless the injury or harm directly results from the gross negligence or willful and wanton misconduct of the collector; or (b) Restriction established by the governing body of a county, city or other local governmental entity that would affect the collection, transportation, treatment or destruction of the contents of a secure drug take-back bin pursuant to this section. 4. Nothing in this section shall be construed to require any entity that: (a) May qualify as a collector to acquire, maintain or make available to the public a secure drug take-back bin on its premises; or (b) Has entered into an agreement to collect and dispose of solid waste as part of a solid waste management system to collect and dispose of the contents of secure drug take-back bins, unless the agreement or plan expressly provides for such collection and disposal. 5. The Board may adopt regulations necessary to carry out the provisions of this section. 6. As used in this section: (a) Collector means an entity that is: (1) Authorized by and registered with the Drug Enforcement Administration to receive a controlled substance for the purpose of destruction; and (2) In good standing with the Board. (b) Home-generated pharmaceutical waste means a pharmaceutical that is no longer wanted or needed by the consumer, including, without limitation, in the form of pills, liquids, inhalers, topical creams, suppositories or patches. (c) Local law enforcement agency means: (1) The sheriffs office of a county; (2) A metropolitan police department; or (3) A police department of an incorporated city. (d) Maintain means to own, lease, operate or otherwise host a secure drug take-back bin. (e) Pharmaceutical means a drug intended for human or veterinary use, regardless of whether the drug is sold with or without a prescription. The term includes, without limitation, controlled substances listed in schedule II, III, IV or V. The term does not include controlled substances listed in schedule I. (f) Secure drug take-back bin means a collection receptacle as described in 21 C.F.R. 1317.75. (g) Solid waste management system has the meaning ascribed to it in NRS 444.500 .
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